Karnataka High Court
P. Ramu S/O P Nageswara Rao vs S. Ravi Kumar S/O Madhavaiah Swamy on 1 April, 2024
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NC: 2024:KHC-D:5925
MFA No.100618/2016 C/W MFA 100011/2016,
MFA No.100012/2016, MFA No.100619/2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 100618 OF 2016 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 100011 OF 2016 (MV-I)
MISCELLANEOUS FIRST APPEAL NO. 100012 OF 2016 (MV-I)
MISCELLANEOUS FIRST APPEAL NO. 100619 OF 2016 (MV-I)
IN MFA NO100618/ 2016
BETWEEN:
P. RAMU S/O P. NAGESWARA RAO,
AGED ABOUT 28 YEARS, OCC: FITTER IN JSW,
R/O: S. G. COLONY, TORNAGALLU,
SANDUR-TALUK, BALLARI-DT,
NOW AT BALLARI.
...APPELLANT
(BY SRI. MANJUNATHA G. PATIL, ADVOCATE)
AND:
1. S. RAVI KUMAR S/O. MADHAVAIAH SWAMY,
AGED ABOUT 34 YEARS, OWNER CUM DRIVER
Digitally signed OF AUTO BEARING REG.NO.KA-345/A-5307,
by ROHAN
HADIMANI T R/O. DOOR NO.127, WARD NO.2,
Location: HIGH NEAR WATER TANK, HAGALUR VILLAGE,
COURT OF
KARNATAKA TQ: SIRUGUPPA, BALLARI-DT.
2. THE MANAGER CHOLAMANDALAM
M. S. GENERAL INSURANCE COMPANY LIMITED,
DARE HOUSE, 2ND FLOOR,
NO.234, N.S.C. BOSE ROAD, CHENNAI.
...RESPONDENTS
(BY SRI. RAVINDRA R. MANE FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE LOWER COURT
RECORDS IN MVC NO.748/2013 DATED 01-10-2015 ON THE FILE OF
MOTOR ACCIDENT CLAIMS TRIBUNAL-IIND AT BALLARI AND
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NC: 2024:KHC-D:5925
MFA No.100618/2016 C/W MFA 100011/2016,
MFA No.100012/2016, MFA No.100619/2016
ENHANCE THE COMPENSATION FROM RS. 3,84,230/- TO
RS.10,20,000/- IN MVC NO.748/2013 DATED 01-10-2015 ON THE
FILE OF MOTOR ACCIDENTS CLAIM TRIBUNAL-IIND AT BELLARY IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 100011 OF 2016
BETWEEN:
CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD,
BY ITS MANAGER, DARE HOUSE, 2ND FLOOR,
NO.234, N.S.C BOSE ROAD, CHENNAI,
HEREIN REPRESENTED BY
CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD,
UNIT NO.4, 9TH FLOOR(LEVEL-06),
"GOLDEN HEIGHTS" COMPLEX, 59TH "C" CROSS,
INDUSTRIAL SUBRUB, RAJAJINAGAR, 4TH "M" BLOCK,
BENGALURU-560010, REPRESENTED BY ITS
AUTHORISED SIGNATORY.
...APPELLANT
(BY SRI. R. R. MANE, ADVOCATE)
AND:
1. P. RAMU S/O. P. NAGESWARA RAO,
AGE ABOUT 28 YEARS,
OCC: WORKING AS FITTER IN JSW,
R/O. S. G. COLONY, TORNAGALLU, SANDUR TALUK,
BELLARY DIST, NOW AT BALLARI.
2. S. RAVIKUMAR S/O. MADHAVAIAH SWAMY,
AGED ABOUT 34 YEARS, OCC: OWNER-CUM-DRIVER
OF THE AUTO BEARING REG NO.KA-34/A-5307,
R/O. D.NO:127, WARD NO,.2, NEAR WATER TANK,
HAGALUR VILLAGE, SIRUGUPPA TALUK,
BALLARI DIST.
...RESPONDENTS
(BY SRI. MANJUNATH G. PATIL, ADV. FOR R1;
NOTICE TO R2 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS,
ALLOW THIS APPEAL BY REDUCING THE AMOUNT OF
COMPENSATION GRANTED TO THE CLAIMANT SUITABLY AND SET
ASIDE THE JUDGMENT AND AWARD DTD: 01/10/2015 PASSED BY
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NC: 2024:KHC-D:5925
MFA No.100618/2016 C/W MFA 100011/2016,
MFA No.100012/2016, MFA No.100619/2016
THE MOTOR ACCIDENTS CLAIM TRIBUNAL-II, BALLARI IN MVC
NO.748/2013 AND ETC.
IN MFA NO. 100012 OF 2016
BETWEEN:
CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD,
BY ITS MANAGER, DARE HOUSE, 2ND FLOOR,
NO.234, N.S.C BOSE ROAD, CHENNAI,
HEREIN REPRESENTED BY
CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD,
UNIT NO.4, 9TH FLOOR(LEVEL-06),
"GOLDEN HEIGHTS" COMPLEX, 59TH "C" CROSS,
INDUSTRIAL SUBRUB, RAJAJINAGAR, 4TH "M" BLOCK,
BENGALURU-560010, REPRESENTED BY ITS
AUTHORISED SIGNATORY.
...APPELLANT
(BY SRI. R. R. MANE, ADVOCATE)
AND:
1. R. M. VISHWARADHYA @ VISHWA
S/O R. M. GURUMALLAYYA SWAMY,
AGE: ABOUT 30 YEARS, OCC: WORKING AS
MECHANICAL FITTER AND ELECTRICIAN IN JSW
AND DOING AGRICULTURE WORK,
R/O. S. G. COLONY, TORNAGALLU,
SANDUR TALUK, BALLARI DIST.
2. S. RAVIKUMAR S/O. MADHAVAIAH SWAMY,
AGE: ABOUT 34 YEARS,
OCC: OWNER-CUM-DRIVER OF THE AUTO
BEARING REG NO.KA-34/A-5307,
R/O. D.NO:127, WARD NO.2,
NEAR WATER TANK, HAGALUR VILLAGE,
SIRUGUPPA TALUK, BALLARI DIST.
...RESPONDENTS
(BY SRI. MANJUNATH G. PATIL, ADV. FOR R1;
NOTICE TO R2 SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR THE RECORDS,
ALLOW THIS APPEAL BY REDUCING THE AMOUNT OF
COMPENSATION GRANTED TO THE CLAIMANT SUITABLY AND SET
ASIDE THE JUDGMENT AND AWARD DTD: 01/10/2015 PASSED BY
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NC: 2024:KHC-D:5925
MFA No.100618/2016 C/W MFA 100011/2016,
MFA No.100012/2016, MFA No.100619/2016
THE MOTOR ACCIDENTS CLAIM TRIBUNAL-II, BALLARI IN MVC
NO.749/2013 AND ETC.
IN MFA NO. 100619 OF 2016
BETWEEN:
R. M. VISHWARADHYA @ VISHWA
S/O. R. M. GURUMALLAYYA SWAMY,
AGED ABOUT 30 YEARS,
OCC: EX-MACHANICAL FITTER AND ELECTRICIAN
IN JSW AND AGRICULTURAL WORK,
R/O. S. G. COLONY, TORNAGALLU,
SANDUR- TALUK, BALLARI-DT.
...APPELLANT
(BY SRI. MANJUNATHA G. PATIL, ADVOCATE)
AND:
1. S. RAVI KUMAR S/O. MADHAVAIAH SWAMY,
AGED ABOUT 34 YEARS,
OWNER CUM DRIVER OF AUTO BEARING
REG.NO.KA-345/A-5307, R/O. DOOR NO.127,
WARD NO.2, NEAR WATER TANK, HAGALUR
VILLAGE, SIRUGUPPA TALUK, BALLARI-DT.
2. THE MANAGER CHOLAMANDALAM,
M. S. GENERAL INSURANCE COMPANY LIMITED,
DARE HOUSE, 2ND FLOOR,
NO.234, N.S.C. BOSE ROAD, CHENNAI.
...RESPONDENTS
(BY SRI. R. R. MANE, ADV. FOR R2;
NOTICE TO R1 DISPENSED WITH)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173(1) OF
MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE LOWER COURT
RECORDS IN MVC NO.749/2013 DATED 01-10-2015 ON THE FILE OF
MOTOR ACCIDENT CLAIMS TRIBUNAL-IIND AT BALLARI AND
ENHANCE THE COMPENSATION FROM RS.10,65,840/- TO
RS.15,20,000/- IN MVC NO.749/2013 DATED 01-10-2015 ON THE
FILE OF MOTOR ACCIDENTS CLAIM TRIBUNAL-IIND AT BELLARY IN
THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION, THIS DAY, THE COURT DELIVERED
THE FOLLOWING:
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NC: 2024:KHC-D:5925
MFA No.100618/2016 C/W MFA 100011/2016,
MFA No.100012/2016, MFA No.100619/2016
COMMON JUDGMENT
Though these appeals are listed for orders, with the
consent of learned counsel for the parties, they are taken up
for final disposal, as they arise out of the same accident.
2. These appeals are directed against common
judgment and award dated 01.10.2015 passed in MVC Nos.748
& 749 of 2013 on the file of learned Member, MACT-II, Ballari
(for short, 'Tribunal').
3. MFA No.100618/2016 is filed by the claimant
seeking enhancement of compensation in MVC No.748/2013,
whereas the insurer has also filed an appeal in MFA
No.100011/2016 challenging the quantum of compensation.
4. MFA No.100619/2016 is filed by the claimant
seeking enhancement of compensation in MVC No.749/2013,
whereas the insurer has also filed an appeal in MFA
No.100012/2016 challenging the quantum of compensation.
5. Heard the learned counsel Sri.Manjunath G Patil for
the appellant/claimant and learned counsel Sri.R.R. Mane for
the appellant/Insurance Company.
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NC: 2024:KHC-D:5925
MFA No.100618/2016 C/W MFA 100011/2016,
MFA No.100012/2016, MFA No.100619/2016
6. Sri. Manjunath G Patil, learned counsel for the
appellant/claimant submits that the Tribunal committed grave
error in awarding a meager compensation to both the
claimants under the heads of pain and suffering, loss of
amenities, loss of income during laid-up period and incidental
expenses. He seeks to enhance the same by allowing the
appeals filed by the claimants.
7. Per contra, learned counsel R.R.Mane for the
appellant/insurance company in support of his appeals would
submit that the Tribunal has committed an error in awarding
compensation under the head of future income due to
disability. He submits that both the claimants have continued
with their employment and later they have promoted and their
salary has been substantially increased, hence, there would be
no loss of future income of the appellants/claimants due to
disability. He seeks to set-aside the same by allowing the
appeals filed by the insurer. It is further submitted that the
award of compensation by the Tribunal on the other heads are
just and proper, does not require any enhancement. He seeks
to allow the appeals filed by the insurance company by
dismissing the appeals filed by the claimants.
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NC: 2024:KHC-D:5925
MFA No.100618/2016 C/W MFA 100011/2016,
MFA No.100012/2016, MFA No.100619/2016
8. I have heard the learned counsel for the parties and
perused the material available on record.
9. The parties to the proceedings do not dispute that
on 7.8.2012, both claimants were proceeding on motorcycle
bearing registration No.KA-34/Y-2393 from Ballari to
Toranagallu, at that time, one Auto-rickshaw bearing
registration No.KA-34/A-5307 driven by its driver in a rash and
negligent manner and dashed against the motorcycle of the
claimants, resulting in both claimants sustained grievous
injuries and took treatment. Considering the evidence
available on record, the Tribunal awarded total compensation
of Rs.3,84,230/- in MVC No.748/2013 and Rs.10,65,840/- in
MVC No.749/2013 with interest at the rate of 6% per annum.
10. The contention of the appellant/insurance company
that both the claimants are working in JSW Company and even
after recovering from the injuries sustained in the accident,
they continued with their employment, hence, no loss of future
income due to disability would arise. The said submission is
supported with the document available on record. This Court
on re-appreciation of entire evidence on record, is of the
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NC: 2024:KHC-D:5925
MFA No.100618/2016 C/W MFA 100011/2016,
MFA No.100012/2016, MFA No.100619/2016
considered view that the both the claimants are not entitled to
compensation on the head of loss of future income due to
disability.
11. Admittedly, the claimant in MVC No.748/2013 is
examined as PW1 and examined one doctor as PW3, who
issued Disability Certificate and deposed that the
claimant/injured has sustained cut lacerated wound measuring
6x1 cm on right knee, tenderness over the right shoulder joint
and tenderness over right leg and right thigh. Taking note of
the injuries suffered by the claimant, this Court is of the
considered view that the Tribunal committed an error in
awarding compensation on the head of pain and suffering and
other heads, which are required to be re-assessed by awarding
just and proper compensation. This Court on re-assessment of
evidence available on record, would award a sum of
Rs.50,000/- towards pain and suffering as against
Rs.20,000/-, a sum of Rs.15,000/- towards attendant
charges, nursing and food nourishment as against Rs.3,000/-
and a sum of Rs.20,000/- towards medical expenses as
against Rs.10,000/- awarded by the Tribunal. The appellant is
entitled to a sum of Rs.1,15,672/- (Rs.28,918 x 4 months)
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NC: 2024:KHC-D:5925
MFA No.100618/2016 C/W MFA 100011/2016,
MFA No.100012/2016, MFA No.100619/2016
towards loss of income during laid-up period as against
Rs.28,912/- awarded by the Tribunal and Rs.50,000/-
towards loss of amenities as against Rs.5,000/- awarded by
the Tribunal. The appellant is also entitled to a sum of
Rs.15,000/- towards loss of marriage prospects as against
Rs.5,000/- awarded by the Tribunal. Thus, in all, the
appellant/claimant in MVC No.748/2013 is entitled to modified
compensation on the following heads:
Pain and suffering Rs. 50,000/-
Attendant, nursing & nourishment Rs. 15,000/-
Medical expenses Rs. 20,000/-
Loss of income during treatment period Rs.1,15,672/-
Loss of amenities Rs. 50,000/-
Loss of marriage prospects Rs. 15,000/-
------------------
Total Rs.2,65,672/-
------------------
12. Thus, the appellant/claimant is entitled to total
compensation of Rs.2,65,672/- as against Rs.3,84,230/-
awarded by the Tribunal.
13. In MFA No.100619/2016 (MVC No.749/2013), the
appellant/claimant has sustained lacerated wound over right
side of scalp with avulsion of bone flap, cut lacerated of size
8x1 cm over right knee and lacerated wound size 2x1 cm over
dorsal aspect of right foot near 4th toe. Keeping in mind the
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NC: 2024:KHC-D:5925
MFA No.100618/2016 C/W MFA 100011/2016,
MFA No.100012/2016, MFA No.100619/2016
oral testimony of PW4 and medical evidence available on
record, this Court is of the considered view that the appellant
is entitled to a sum of Rs.1,50,000/- towards pain and
suffering as against Rs.1,00,000/- and a sum of Rs.15,000/-
towards nursing, attendant, food, nourishment as against
Rs.3,000/- awarded by the Tribunal. The Tribunal awarded a
sum of Rs.3,00,770/- towards medical expenses, which is
unaltered. The appellant is entitled to a sum of Rs.1,06,792/-
towards loss of income during treatment period as against
Rs.53,396/- awarded by the Tribunal, a sum of Rs.30,000/-
towards future medical expenses as against Rs.20,000/-,
Rs.50,000/- towards loss of amenities as against Rs.10,000/-
and Rs.15,000/- towards loss of marriage prospects as
against Rs.5,000/- awarded by the Tribunal. Thus, the
appellant/claimant in MVC No.749/2013 is entitled to modified
compensation on the following heads:
Pain and suffering Rs.1,50,000/-
Attendant, nursing & nourishment Rs. 15,000/-
Medical expenses Rs.3,00,770/-
Loss of income during treatment period Rs.1,06,792/-
Loss of amenities Rs. 50,000/-
Future medical expenses Rs. 30,000/-
Loss of marriage prospects Rs. 15,000/-
------------------
Total Rs.6,67,562/-
------------------
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NC: 2024:KHC-D:5925
MFA No.100618/2016 C/W MFA 100011/2016,
MFA No.100012/2016, MFA No.100619/2016
14. Thus, the appellant/claimant is entitled to total
compensation of Rs.6,67,562/- as against Rs.10,65,840/-
awarded by the Tribunal.
15. In the result, I proceed to pass the following:
ORDER
a) The above appeals are partly allowed.
b) The impugned common judgment and award
of the Tribunal is modified to an extent that
the appellant/claimant in MVC No.748/2013 is
entitled to total compensation of
Rs.2,65,672/- as against Rs.3,84,230/-
awarded by the Tribunal and in MVC
No.749/2013 is entitled to total
compensation of Rs.6,67,562/- as against
Rs.10,65,840/- awarded by the Tribunal.
c) The appellant/Insurance Company shall
deposit the entire compensation amount in
respect of both the appellants/injured before
the Tribunal within a period of six weeks from
the date of receipt of certified copy of this
Judgment.
d) Apportionment, deposit and disbursement
shall be made as per the award of the
Tribunal.
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NC: 2024:KHC-D:5925
MFA No.100618/2016 C/W MFA 100011/2016,
MFA No.100012/2016, MFA No.100619/2016
e) The amount in deposit made by the
appellant/Insurance Company in MFA
Nos.100011 and 100012 of 2016, be
transmitted to the Tribunal forthwith.
f) Draw modified award accordingly.
Sd/-
JUDGE
JTR
Ct-an
